Rebecca Herrera, individually and on behalf of similarly situated individuals, has filed a class and collective action lawsuit against Clark County, Illinois. The case, 3:24-cv-01137-RJD, was filed in the United States District Court for the Southern District of Illinois on April 18, 2024.
Represented by Garth E. Flygare and Jacob N. Smallhorn of Smallhorn Law, LLC, Herrera alleges that Clark County improperly underpaid employees designated as "on call", failing to accurately calculate hours worked for purposes of overtime wages. The lawsuit covers a period from April 18, 2021 through the date of judgment and involves more than forty individuals employed by the defendant.
The plaintiff accuses Clark County of violating the Federal Fair Labor Standards Act (FLSA), the Illinois Minimum Wage Law (IMWL), and the Illinois Wage Payment and Collection Act (IWPCA). As a result of these alleged violations, Herrera claims that she and other members of the class were denied proper compensation.
Herrera is seeking to restrain Clark County from withholding minimum and overtime wages. She is also seeking damages including back-pay, restitution, liquidated damages, prejudgment interest, reasonable attorneys’ fees and costs, and all other relief that the court deems equitable and just under the circumstances.